PLASTICOLORS, INC. WEBSITE TERMS AND CONDITIONS
Welcome to Plasticolors, Inc. ("Plasticolors").
The following are the Rules or Terms of Use that govern use of the Plasticolors web site and all corresponding web pages ("Site"). Use of this Site is subject to certain Site Terms of Use which constitute a legal agreement between you and Plasticolors. By using or visiting the Site, you expressly agree to be bound by these Terms of Use and to follow these Terms of Use and all applicable laws and regulations governing the Site.TERMS OF USE ACCEPTANCE OF CONTRACT TERMS
By accessing, browsing and/or using the Site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations.IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.
The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by Plasticolors from its offices within the United States. Plasticolors makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the State of Ohio, USA.USE RESTRICTIONS
The copyright in all material provided on this Site is held by Plasticolors or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Plasticolors or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without Plasticolors' permission, "mirror" any material contained on this Site onto any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair any web site(s) (or the network(s) connected to any web site(s)) or interfere with any other party's use and enjoyment of any web site(s). You may not attempt to gain unauthorized access to any web site, other accounts, computer systems or networks connected to any web site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than those permitted by the Terms of Use provided herein. Any unauthorized access to this Site is considered trespass and therefore, is strictly prohibited. You also agree not to deep-link to the Site for any purpose, unless expressly authorized by Plasticolors to do so.LINKS TO THIRD PARTY SITES
This Site may contain links to third party web sites ("Linked Sites"). The Linked Sites are not under the control of Plasticolors and Plasticolors is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Plasticolors is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Plasticolors responsible if the Linked Site is not working appropriately. Plasticolors is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Plasticolors of the Linked Site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
Any dealings with third parties (including advertisers) included within the Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Plasticolors shall not be responsible or liable for any part of any such dealings or promotions.MEMBER ACCOUNT, PASSWORD, AND SECURITY
This Site allows you to open a member account, therefore you must complete the required registration form and provide any additional information requested by Plasticolors. If approved by Plasticolors, in their sole discretion, you will be given a password and a user name. You are entirely responsible for maintaining the confidentiality of your password secure account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Plasticolors immediately of any unauthorized use of your account or any other breach of security. Plasticolors will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Plasticolors or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.PRIVACY STATEMENT
Plasticolors is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Privacy Statement applies to the Site and any activity that takes place through the use of the Site.COLLECTION OF YOUR PERSONAL INFORMATION
At this Site, Plasticolors may collect personally identifiable information. Plasticolors does not associate sensitive data, such as your race, religion, or political affiliations, with personally identifiable information. Plasticolors takes precautions to segregate any sensitive data you may provide on the Site that reference your race, religion, sexual orientation, ethnicity or political affiliations. Plasticolors encourages you to review the privacy statements of web sites you choose to link to from Plasticolors so that you can understand how those web sites collect, use and share your information. Plasticolors is not responsible for the privacy statements or other content on web sites outside of the Plasticolors and Plasticolors family of web sites. There is also information about your computer hardware and software that may be automatically collected by Plasticolors and may be shared with other web sites within the Plasticolors family of web sites. This information can include: your IP address, browser type, domain names, access times and referring web site addresses. This information is used by Plasticolors for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Sites.USE OF YOUR PERSONAL INFORMATION
The Site and potentially operational service partners collect and use your personal information to operate the Site and deliver the services you have requested. The Site may also use your personally identifiable information to inform you of other products or services available from Plasticolors and its affiliates. Plasticolors may also contact you with surveys to conduct research about your opinion of current services or of potential new services that may be offered.Plasticolors does not sell, rent or lease its customer lists to third parties. Plasticolors may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, Plasticolors may share data with trusted partners to perform statistical analysis. All such third parties are prohibited from using your personal information except to provide these services to Plasticolors, and they are required to maintain the confidentiality of your information.
Plasticolors keeps track of the web sites and pages our customers visit within the Site, in order to determine what web sites, web pages and services are the most popular. This data is used to deliver customized content and advertising within Plasticolors to customers whose behavior indicates that they are interested in a particular subject area. Plasticolors will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Plasticolors or the Site; (b) protect and defend the rights or property of Plasticolors; (c) act under exigent circumstances to protect the personal safety of users of Plasticolors, its Site, or the public; and, (d) as otherwise indicated in this Privacy Statement.
USE OF COOKIES
The Site may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize Plasticolors' pages, or register with the Site, a cookie helps Plasticolors to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the Site, the information you previously provided can be retrieved, so you can easily use the Plasticolors features that you customized.
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Plasticolors services or web sites you visit.
USE OF WEB BEACONS
Plasticolors web pages may contain electronic images known as web beacons - sometimes called single-pixel gifs - that allow Plasticolors to count users who have visited those pages and to deliver co-branded services. Web beacons are not used to access your personally identifiable information on the Site; they are a technique we use to compile aggregated statistics about Site usage. Web beacons collect only a limited set of information including a cookie number, time and date of a page view, and a description of the page on which the web beacon resides. Plasticolors web pages may also contain web beacons placed there by our advertising partners, to help Plasticolors determine the effectiveness of our Internet advertising campaigns.USE OF THIRD PARTY AD NETWORKS
The majority of the online banner advertisements you see on the Site are displayed by Plasticolors. In addition, Plasticolors may also allow other companies, called third-party ad servers or ad networks, to display advertisements on the Site. To do this, ad networks place a persistent cookie on your computer. Doing this allows the ad network to recognize your computer each time they send you an online advertisement. In this way, ad networks may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This information allows an ad network to deliver advertisements that they believe will be of most interest to you. Plasticolors does not have access to or control of the cookies that may be placed by the third-party ad servers or ad networks. If you want to prevent one of these third-party companies from sending and reading cookies on your computer, you will need to visit each ad network's web site individually and request that you be removed from its system.ACCESS AND INTERFERENCE
The Site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without prior expressed written permission from Plasticolors. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any service offered on the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Plasticolors' infrastructure. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Plasticolors by the users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works , or publicly display any content from our Site without the prior expressed written permission of Plasticolors or the appropriate third party.TERMINATION/ACCESS REGISTRATION
Plasticolors reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. Plasticolors may also terminate or suspend your access to the Site for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Plasticolors. Upon termination of the Site, your right to use the Site immediately ceases. Plasticolors shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.LIMITATION OF LIABILITY
THE INFORMATION AND SOFTWARE INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SITE AND TO THE INFORMATION THEREIN. PLASTICOLORS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. PLASTICOLORS CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, AND RELATED GRAPHICS CONTAINED WITHIN THE SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PLASTICOLORS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT PLASTICOLORS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PLASTICOLORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR FOR ERRORS OR OMISSIONS ON THIS SITE OR IN ANY LINKED SITE, EVEN IF PLASTICOLORS OR A PLASTICOLORS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. OUR TRANSMISSIONS
Any material, information or idea you transmit to or post on the Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Plasticolors or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. Furthermore, you agree to and hereby irrevocably assign, transfer and convey to Plasticolors any and all right, title and interest in and to any copyrightable or patentable material, intellectual property, information or ideas you transmit to or post on the Site.
TERM OF USE REVISIONS
Plasticolors may at any time revise these Terms of Use by updating this posting. By using the Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.WARRANTIES
The Site and any references to products and/or services are provided "as is" without any warranty or implied term of any kind. Plasticolors products are sold under specific purchase agreements which set forth all terms and conditions of the sale, including warranty terms and exclusions. You should carefully read your sale agreement, especially the limited express warranties which Plasticolors makes in your agreement. Plasticolors disclaims and excludes any and all express and implied warranties for your product and/or services which are not set forth in your sale agreement whether or not information on the product appears in the Site. THE EXCLUDED WARRANTIES, INCLUDE BUT ARE NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS F OR A PARTICULAR PURPOSE. Plasticolors also disclaims and excludes any liability for incidental or consequential damages. Some states (or jurisdictions) do not allow certain of these exclusions, so certain of these exclusions may not apply to you.GENERAL
This agreement is governed by the laws of the State of Ohio, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Ashtabula County, Ohio, U.S.A. in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold Plasticolors, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Site. Plasticolors reserves the right to disclose any personal information about you or your use of the Site, including its contents, without your prior permission if Plasticolors has a good faith belief that such action is necessary to:(1) conform to legal requirements or comply with legal process;
(2) protect and defend the rights or property of Plasticolors or its affiliated companies;
(3) enforce the Terms of Use;
(4) act to protect the interests of its members or others; or
(5) comply with conditions outlined in Plasticolors' Privacy Statement.
Plasticolors' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Plasticolors' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Plasticolors with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Plasticolors with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Plasticolors with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.